RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01053
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been diagnosed with bi-polar disorder and schizo-effective
disorder which he feels contributed to some or all of the
decisions he made while on active duty. He feels the decisions
he made during his service led to his trial by court martial and
ultimately to his bad conduct discharge.
In support of his request, the applicant provides a copy of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 30 Aug 95.
The applicant received a BCD discharge on 12 Jan 04 after serving
on active duty for 8 years and 10 days.
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicant was
suspected of committing a number of financially-related offenses
and ultimately charged with: one specification of dereliction of
duty in failing to use his government credit card for only
official purposes (Article 92); eight specifications of
wrongfully uttering checks with the intent to defraud, and one
specification of dishonorable failure to pay a debt (Article
134). Pursuant to a pretrial agreement, he plead guilty to the
violations of Article 92 and 134. Based on his pleas, the
military judge sentenced the applicant to a BCD, confinement for
five months, and reduction to the grade of E-2 (airman). The
United States Air Force Court of Criminal Appeals approved the
findings and sentence as adjudged on 10 May 01. On 31 Aug 01,
the United States Court of Appeals for the Armed Forces denied
the applicants petition for review.
JAJM states the applicant has not provided any documentation in
support of his assertion that his diagnosis caused his actions
while serving in the military. JAJM is of the opinion the
discharge was handled IAW the governing regulations and that it
is not appropriate to be upgraded.
The JAJM complete submission is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 31 July 2009 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record, we are not persuaded
that the applicants discharge should be upgraded to a general
discharge. Applicants contentions are duly noted; however, we
do not find these uncorroborated assertions, in and by
themselves, sufficiently persuasive to override the evidence of
record or the rationale provided by AFLOA/JAJM. We therefore
agree with the AFLOA/JAJM recommendation and adopt the rationale
expressed as the basis for our decision that the applicant has
failed to sustain his burden that he has suffered either an error
or an injustice. Therefore, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-01053 in Executive Session on 17 Sep 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 6 Jul 09.
Exhibit D. Letter, SAF/MRBR, dated 31 Jul 09.
Panel Chair
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